BRITISH ORDER IN COUNCIL, for enabling all Military Officers in Her Majesty's Service to enter the Military Service of the Emperor of China.-Osborne, January 9, 1863. At the Court at Osborne House, Isle of Wight, the 9th day of THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by an Order in Council, dated at Windsor the 30th day of August, 1862,* (reciting certain provisions of an Act passed in the 59th year of the reign of His late Majesty King George III, intituled, "An Act to prevent the enlisting or engagement of Her Majesty's Subjects to serve in Foreign Service, and the fitting out or equipping in Her Majesty's Dominions Vessels for warlike purposes, without Her Majesty's Licence "); Her Majesty, by and with the advice of Her Privy Council, being desirous of enabling her subjects to engage in and enter the naval and military service of the Emperor of China, was pleased to order, and it was thereby ordered, that from and after the 1st day of September then next, it should be lawful for Horatio Nelson Lay, one of Her Majesty's subjects, and Sherard Osborn, a Captain in Her Majesty's Navy, to enter into the military and naval service of the said Emperor, and to accept any commission, warrant, or other appointment under the said Emperor, and to accept any, money, pay or reward for their services, and to fit out, equip, purchase, and acquire ships or vessels of war for the use of the said Emperor, and to engage and enlist British subjects to enter the military and naval service of the said Emperor. And it was thereby further ordered, that it should be lawful for every British subject to enlist and enter himself, by engaging and enlisting himself with the said Horatio Nelson Lay and Sherard Osborn, and no other person or persons whatsoever, in the military and naval service of the said Emperor, and to serve the said Emperor in any military, warlike, or other operations, either by land, or by sea, and for that purpose, to go to any place or places beyond the seas, and to accept any commission, warrant, or other appointment from or under the said Emperor, and to accept any money, pay, or reward for his service: provided always, that the licence and permission thereby given should be in force only for the term of two years from the said 1st day of September then next, unless by Order in Council, made in manner aforesaid, such period should be further extended; And whereas Her Majesty, by and with the advice of her Privy *Vol. LII. Page 482. Council, is desirous of extending and enlarging the permission and licence contained in the said Order in Council. Her Majesty is therefore pleased to order, and it is hereby ordered, that from and after the 16th day of December, 1862, it shall be lawful for all military officers in Her Majesty's service to enter into the military service of the said Emperor, and to accept any commission, warrant, or other appointment under the said Emperor, and to accept any money, pay, or reward for their services. And it is hereby ordered, that it shall be lawful for all officers in Her Majesty's military service to serve the said Emperor in any military, warlike, or other operations, and for that purpose to go to any place or places beyond the seas, and to accept any commission, warrant, or other appointment, from or under the said Emperor and to accept any money, pay, or reward for their services: provided always, that the licence and permission hereby given shall be in force only until the 1st day of September, 1864, unless by Order in Council, made in manner aforesaid, such period should be further extended. EDMUND HARRISON. BRITISH ORDER IN COUNCIL, for the Regulation of At the Court at Osborne House, Isle of Wight, the 9th day of THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by the Act of the session of Parliament of the 6th and 7th years of Her Majesty's reign [chapter 94],* "to remove doubts as to the exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Majesty's Dominions, and to render the same more effectual," hereinafter called The Foreign Jurisdiction Act, it was enacted (among other things) that it was and should be lawful for Her Majesty to hold, exercise, and enjoy any power or jurisdiction which Her Majesty then had or might at any time thereafter have within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory: And whereas Her Majesty has had and now has power and jurisdiction in the dominions of the Sublime Ottoman Porte; * Vol. XXXI. Page 1022, And whereas Her Majesty was pleased, on the 27th day of August, 1860,* by and with the advice of Her Privy Council, to make, by Order in Council dated that day, provision for the exercise of her power and jurisdiction aforesaid: And whereas it has seemed to Her Majesty, by and with the advice of her Privy Council, to be expedient at the present time to revise the provisions of the said Order, and to make further provision for the due exercise of Her Majesty's power and jurisdiction aforesaid, and for the more regular and efficient administration of justice, and the better maintenance of order among all classes of Her Majesty's subjects, and of persons enjoying Her Majesty's protection resident in or resorting to the dominions of the Sublime Ottoman Porte: Now, therefore, Her Majesty, by virtue of the powers in this behalf by the Foreign Jurisdiction Act or otherwise in her vested, is pleased by and with the advice of her Privy Council to order, and it is hereby ordered, as follows: I.-Preliminary. 1. This Order shall come into operation on the 1st day of March, 1863. 2. The Order of the 27th day of August, 1860, shall be repealed. This repeal shall not affect the past operation of that Order, or any appointment made or thing done under it. Pending proceedings shall be regulated by this Order, as far as the nature and circumstance of each case admit. 3. In this Order, the term "the Ottoman dominions" means the dominions of the Sublime Ottoman Porte; the term "month" means calendar month; words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require). 4. The provisions of this Order relating to British subjects apply to all subjects of Her Majesty, whether by birth or by naturalization, and also to all persons enjoying Her Majesty's protection in the Ottoman dominions. The provisions of this Order relating to British subjects shall also, until it is otherwise ordered, extend to subjects of the United States of the Ionian Islands, resident in or resorting to the Ottoman dominions, except in the following particulars: (1.) So far as those provisions relate to trial in civil cases with a jury (with respect to which Ionian subjects shall be in the same position as foreigners), or to the serving on juries in civil cases; (2.) So far as those provisions confer or relate to the power of Vol. L. Page 658. imposing punishment of an amount greater than that which can now be lawfully awarded in the case of an Ionian subject by a Consular Officer of Her Majesty in the Ottoman dominions: (3.) So far as those provisions confer or relate to the power of deporting from the Ottoman dominions. The provisions of this Order relating to British vessels extend to vessels navigating under the national commercial flag of the United States of the Ionian Islands. The provisions of this Order relating to foreigners apply to subjects of the Sublime Ottoman Porte and subjects or citizens of any other Power or State (not being enemies of Her Majesty). II.-General Provisions respecting Her Majesty's Jurisdiction. 5. All Her Majesty's jurisdiction exercisable in the Ottoman dominions for the judicial hearing and determination of matters in difference between. British subjects, or between British subjects and foreigners, or for the administration or control of the property or persons of British subjects,—or for the repression or punishment of crimes or offences committed by British subjects,-or for the maintenance of order among British subjects,-shall be exercised under and according to the provisions of this Order, and not otherwise. 6. Subject to the other provisions of this Order, the civil and criminal jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the common law, the rules of equity, the statute law, and other law, for the time being in force in and for England, and with the powers vested in and pursuant to the course of procedure and practice observed by and before courts of justice and justices of the peace in England, according to their respective jurisdictions and authorities. 7. Nothing in this Order shall be deemed to deprive Her Majesty's Consular Officers of the right to observe and to enforce the observance of any reasonable custom obtaining within the Ottoman dominions or to deprive any person of the benefit thereof, except where this Order contains some express and specific provision incompatible with the observance of such custom. 8. Except as to offences against the Capitulations, Articles of Peace, and Treaties between Her Majesty and the Sublime Ottoman Porte, or against any rules and regulations for the observance thereof or for the maintenance of order among British subjects in the Ottoman dominions made by or under the authority of Her Majesty, or against any of the provisions of this Order, or any rule made under it. No act done by a British subject in the Ottoman dominions or on board by a court of justice having criminal jurisdiction in England be deemed a crime or offence rendering the person doing such act amenable to punishment in England, shall, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence rendering the person doing such act amenable to punishment. III.-Constitution of Her Majesty's Consular Courts. 1. The Supreme Consular Court at Constantinople. 9. There shall be a court styled "Her Britannic Majesty's Supreme Consular Court for the Dominions of the Sublime Ottoman Porte." 10. The Supreme Consular Court shall hold its ordinary sittings at Constantinople; but may, on emergency, sit at any other place within the district of the Consulate-General of Constantinople, and may at any time hold its ordinary sittings at any such place within the Ottoman dominions as one of Her Majesty's Principal Secretaries of State may approve. 11. There shall be one judge of the Supreme Consular Court. He shall be appointed by Her Majesty by warrant under Her Royal sign manual. He shall be, at the time of his appointment, a member of the bar of England, Scotland, or Ireland, of not less than 7 years standing, or a subject of Her Majesty (by birth or naturalization) who shall have filled the office of Legal Vice-Consul in the Ottoman dominions or the office of Law Secretary to the Supreme Consular Court. He shall hold by special commission from Her Majesty the appointment of Vice-Consul, but shall have rank and precedence as if he held the appointment of Consul-General. He may, in case of his absence from the district of the Consulate-General of Constantinople, either in the discharge of his duty, or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint, by writing under his hand and seal, a fit person to be his deputy, who shall have all the power and authority of judge. During a vacancy in the office of judge, or on emergency, a fit person, approved by one of Her Majesty's Principal Secretaries of State, may temporarily be and act as acting judge, with all the power and authority of judge. 12. There shall be attached to the court:-(1.) One legal ViceConsul; (2.) One Law Secretary; (3.) So many officers and clerks as one of Her Majesty's Secretaries of State may from time to time think fit. One of Her Majesty's Principal Secretaries of State may from |